Can I collect vacation and sick day pay for this year

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Can I collect vacation and sick day pay for this year

I’ve been on Aflac short term disability insurance from my employer since last October and it’s ending now. I am 70 years old. Been with my dentist for 27 years as a dental assistant. Can I still collect my vacation and sick pay days legally from him for 2018 now before I am laid off from this job which I have been told I will be starting March 1.

Asked on February 21, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You do not accrue or earn paid time off (PTO; e.g. sick or vacation days) while you are employed but not working (such as out on disability or FMLA leave).
2) You cannot sue and be paid for PTO while already out on disability; disability is exclusive of working or being paid for PTO--you cannot get both at the same time.


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